[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester 11-17-1987 by Ord. No. 456 (Ch. 13, Part 6, of the
1987 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Ordinance Regulating and
Restricting Garage Sales."
Such rules and regulations as set up in this chapter designed to control and restrict garage sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on and with Chapter 600, Zoning, of the Code of the Township of Upper Chichester. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales if carried indefinitely tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Township. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales. It is not the intent of this chapter to change or amend the zoning laws, transient business laws and/or any other laws or ordinances of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
The sale or offering for sale of 10 or more new, used or secondhand
items of personal property at any one residential premises at any
one time.
Includes all sales in residential areas entitled "garage sales,"
"yard sales," "tag sale," "porch sale," "lawn sale," "attic sale,"
"basement sale," "rummage sale," "flea market sale," or any similar
casual sale of tangible personal property.
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
Individuals, partnerships, family groups, voluntary associations
and corporations.
All residential dwellings located within any type of zone,
zoned area, zoning district, whether or not said areas or zones are
residential, business, commercial or otherwise, within the geographic
boundaries of the Township of Upper Chichester.
A.
It shall be unlawful for any person to conduct a garage sale within
the geographic boundaries of the Township without first obtaining
a garage sale license from the Township after filing an application
containing the information hereinafter specified.
B.
The first garage sale license issued to any one person or for any
one premises within one twelve-month period shall be issued without
charge. For the second such license issued in any twelve-month period,
there shall be a nonrefundable fee as set by resolution of the Board
of Commissioners.
This chapter shall not be applicable to:
A.
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any person selling or advertising for sale an item or items of personal
property which is specifically named or described in the advertisement
and which separate items do not exceed nine in number. Notwithstanding
any provisions of this chapter, any person may sell up to nine secondhand
articles without being subject to the provisions of this chapter.
D.
Any publisher of a newspaper, magazine or other publication or other
communications media who publishes or broadcasts anything in good
faith without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been met.
E.
Any sale conducted by any legitimate business or commercial or industrial
establishment on property zoned under the zoning regulations of the
Township with or without the protection of the nonconforming use section
of the zoning laws, or any sale conducted by any other vendor or dealer
when the sale is conducted in a properly zoned area and not otherwise
prohibited by laws of the Commonwealth of Pennsylvania and ordinances
of the Township including this chapter.
F.
Sales by a bona fide charitable, eleemosynary, educational, cultural
or governmental institution, civic group, service club, religious
or fraternal society or other tax-exempt organization; provided, however,
that the burden of proof to establish the exemption under this subsection
shall be on the organization or institution claiming such exemption.
G.
Any public auction having a duration of no more than two days and
conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania.
A.
This chapter shall be enforced by the Police Department. It shall
be the duty of the Police Department to investigate any violation
of this chapter.
B.
If, after any investigation, a violation is found to exist, the Police
Department shall prosecute a complaint before a Magisterial District
Judge pursuant to the provisions of this chapter.
C.
The person to whom the garage sale license was issued and the person
conducting the sale and the owner, tenant or occupant of the premises
where the sale or activity is conducted shall be jointly or severally
responsible for the maintenance of good order and decorum on the premises
during the hours of such sale or activity.
(1)
No such person shall permit any loud or boisterous conduct on such
premises or permit vehicles to impede the passage of the traffic on
any roads or streets in the area of the premises where the sale is
being conducted.
(2)
In the event of an emergency, all such persons shall obey reasonable
orders from any member of the Police Department or the Fire Department
in order to maintain the public health, safety and convenience.
[Amended 12-8-1988 by Ord. No. 465[1]]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, together with the costs of prosecution,
and, in default of payment of such fine and costs, shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this chapter continues shall constitute a separate offense.
